House Bill 1286 was introduced on January 23, 2008. It provides for a bipartisan seven-member redistricting commission.

Under the proposed legislation, are single-member districts a requirement or otherwise implied?

The legislation is silent as to whether the districts shall be single-member.

Does the proposed legislation provide for Voting Rights Act compliance (e.g. can the commission use voter history information)?

No.

Under the proposed legislation, how is the commission formed?

The legislation provides for a total of 7 redistricting commissioners. The first commissioner is to be chosen by the Senate Majority Leader, the second commissioner by the House Majority Leader, the third commissioner by the Senate Minority Leader, and the fourth commissioner by the House Minority Leader. The fifth, sixth, and seventh commissioners are to be chosen by the four appointed commissioners within 20 days of their designation. If the 4 initial commissioners fail to reach a consensus on the 3 final commissioners, within those 20 days, the Chief Justice of the Supreme Court shall make the final appointments.

Under the proposed legislation, are competitive districts favored?

The legislation is silent on the matter of competitive districts.

Under the proposed legislation, can members of the public submit plans?

No. However, before the commission submits its plan to the legislature it must hold at least one public hearing on the plan at the State Capitol, one in Sioux Falls, one in Rapid City, and two on major Indian reservations.

Does the proposed legislation allow for mid-decade redistricting?

No, the redistricting commission must submit its plan to the legislature by September 20, 2011 for recommendations and then to the Secretary of State’s office for implementation.

The U.S. House of Representatives has been at 435 members since 1911, when the country was a third of its current population. Research suggests that districts may now be getting too big for adequate representation.